ACLU SUING TWO SHERIFF’S OFFICES
Group says Teller, Pueblo denied prisoner’s right to speedy court date
The ACLU sues the Pueblo and Teller county sheriff’s offices, saying their actions kept a man in jail for 52 days waiting to see a judge to set bond on a four-yearold misdemeanor warrant.
The ACLU has sued the Pueblo and Teller county sheriff’s offices, saying their actions kept a man in jail for 52 days waiting to see a judge to set bond on a four-yearold misdemeanor warrant.
Teller County deputies arrested Michael Bailey on Sept. 8, 2015, on a misdemeanor warrant out of Pueblo County, according to the suit filed in U.S. District Court in Denver.
Colorado law requires law enforcement agencies to bring detainees before a judge for a first appearance, which includes setting of bond, the lawsuit said.
Instead of taking Bailey to court, the Teller County Sheriff’s Office waited for their counterparts in Pueblo to get Bailey and take him to court in Pueblo.
Both the Teller, and Pueblo Sheriff’s Offices responded to requests for comment in emails saying they had not yet been served with the claim.
“We have not been officially served but we will seek the legal opinion of the Pueblo County Attorney,” the Pueblo Sheriff’s Office said in an email.
Teller County sent a number of electronic messages to Pueblo County alerting the sheriff’s office that Bailey was being held solely on charges for Pueblo County, and asking that arrangements be made to transport him.
The Pueblo County Sheriff’s Office knew Teller was holding Bailey, and by policy wouldn’t take him for a first appearance even though no bond had been set. “Yet the Pueblo County Sheriff’s Office waited 45 days before it transported Mr. Bailey to the Pueblo County Jail, and then waited an additional seven days before bringing him to court,” the suit said.
When he appeared before a Pueblo County judge, 52 days after his arrest, the judge released him on a personal recognizance bond. A prosecutor later dismissed the case against him.
“Because of the length of his detention, Mr. Bailey lost a new job that he was scheduled to start and missed out on months of pay,” the suit said.
The lawsuit seeks compensatory and punitive damages, economic losses, attorney’s fees and costs, and pre- and post-judgement interest, to be decided at a jury trial.
What happened to Bailey is indicative of a long-standing, statewide problem, said Rebecca Wallace, ACLU of Colorado staff attorney.
“For years, the ACLU of Colorado has been receiving complaints of defendants languishing in jail on warrants from other counties for 10 days or more, with no opportunity to see a judge,” she said.